The Sun. — London, England, 1818-01-17 00:00:00

it ir CIA . fre'l" (a'S pl' - ti'Ve4, t'hat the ass4gtices '7Oll for ti•e.premises; in consequence Of . 'En-11 re i , wal having bi , ehntrained. , Oa die partof the defendants, Ms. ScAytterr, in addressing the - -Jury, expressed the.tin‘villing-, tiess, as well as the impolicy, of an endeavour on . the part of, his clients, in any case of this nature, . to attach Inv" criminal imputation to an insurer in the plsintiff's situation. If, however, he might : borrow at, 'observation - from the speech Of the Novae and Learned Lord who usually presides inthis. tow.t. on a similar necasion, he would say," that a public Company, situated like his clients, ‘rere bray performinga hotinden duty in resisting the sus picious claims of persons whO tbey had reasonable rrounds to believe were acting fraudulently.".-;- . "The Fire Ins.,rance Offices, if they acted by a 'too prompt and indiscriminate facility of paying all demands which might be made on them, world only encourage such claims, and give a premium' `upon upon the crime of arson, which there was.. much reason to believe was but too frequent in `lbis country, for the very purpose of defrauding the Fire Insurance Offices. In a neighbouring 'country (France) such offices were piobibited all •together, from the precise consideration, that in , England, where they abound, there are inure in stances of conflagration to private houses, than in all the rest of Europe ; clearly the result of those faCilities to fraud here held out delimpients in this way, and -the extreme difficulty of bring ing home to them the proofs of guilt. Hitherto the Jury had heard only one side of•the question; but, he should bring a number of respectable.,wit nesses to prove beyond-doubt that the plaintiff i n this case had, with his own band, set fire to, his; premises,. for a purpose .too obvious to he yies dotted. • A number of witnesses, resident close to the plaintiff's house, were then examined, who prtked the circuinsta,ce of the 'fire having broken nut it, the premises of the plaintiff on.the day stated, and having been first observcd to proceed trout a room on the attic story, which he occupied as a count ing -house, , where be had been him - ielf that.day between eleven and one o'clock. No fire was a li g ht in the house;. no servant or other person resident there; for it teas shut up after the hail close of the Bazaar. The plaintiff had a candle in his room, and coals to make an Occasional fire. The fire 'first appeared to burst front. his room, and to ignite, the whole story, to burst through-the floor, and through the ceilings' below, and through the ceiling and roof above.; and in fact the whole premises were destroyed before the en gines arrived. It 'appeared also,. that the, de 7 fendant had been about eleven. o'clock that day to meet a Gentleman named Duch!le, a wine and oil merchant, in litshopsgate-street, to treat' about the purchase of a house and small farm near Croy don ; and that he al.:reed.todine with that gentle man at two o'clock, in order to. proceed by the stage-coach for Croydon after two o'clock. That in the mean time, the plaiiitiffliad employed him 'self in going to Gate-srreet, Lincoln's Inn-Fields, where he dwelt, to apprize his, wife of this • en gagetueht ; and afterwards, at his counting-house on the premises in Fleet-s:reet, be employvd him self in examining papers, and burning with his candle such as were unimportant ; that he left this place a little after one, and proceeded to Eishopsgate-street to dinner ; from thence h e Went with his friend to Croydon by the lirk4liton coach, and on returuirg that evening at nine o'clock to town, he heard of the fire - at his house in Fleet-arreet, which had broken out-in a very shot t time after.he left it. '.l%te evidence being closed, Mr. TorriNG ad dressed the Jury in behalf of his client, and very forcibly inveighed against the conduct of the de fend-nits, and the danger in tvhich any mail would -be placed, if, when endeavouring to enforce his just claims to compensation against die uninst re fusal of an Insurance Company, he shwild find himself opposed, not only by every, possible stra tagem to defeat his, just demands, but even by charges of capital felony, milking at once towards the ruin of his character, and the ignominious de struction of his life. [This observation excited outside the bar of the Court some symptoms Of clamorous applause.] Mr. Justice BAILEY instantly called on the She iifl-Depute to preserve order, and forbad any ex pression of approval ,or rlis pprobation, so fre quently upetvitig to the injury of justice. -Mr. TOPPING having concluded his address, Mr. Justice BAILEY proceeded shortly to sum up the evidence for the Jury, with forcible, but impartial observations on the case of the plaintiff, whose character h is Lordship was desirous should go forth to the public, totally exempt trout those prejudices attempted to be attached to him in the course of this day's proceedings. The Jury would irnpartially ar.d minutely consider the whole of the evidence, and award him such damages, as, upon a fair calculation on the sevtral items stated in evidence, ht. should appear to be intitled to. The Jury, utter a very short consultation, re turned a verdict for the/plaintiff.—Darnaires, 2,800/. ; Costs, 40s. COURSE OVEXCHANGE, FRIO4Y, JAN. 16. Amsterdam Ditto, at Sight Aiustet dam Ditto, at Sight • 11- -6 Rotterdam Antwerp - ' 11 11 Ex.Nliiey flainburgli Altona Paris, 3 I)ay's , date ..... - 24 30 Ditto riourdeau : k; dittO ' FrafilifOrt fin the Main Madrid •,.. .. Cadiz c . . 38 Effective Bilboa - - Seville Gibraltar 1, ,.. _ , L,..gliorn - 5l) Genoa... 47' —VeiVi_ i e, Ital. EN, 25 1%1 fl lta... ' —49 —Naples .. .... 4.) Palermo l3 B ll. per 0;:. .- . • Lisbon ..... ' ()port() Rio 'Janeiro Dublin... . ..,., 8.....C0r1i..., . B,} per Cent. Agio of the Bank on Holland.... 2 per Cent. Portugal Gold, in Coin ./ .O 0 0 per Oz. Foreign Gold, in Bars ri e w Dunbioons .. Silver, in Bars . COAL \L'.REET, JAN. 16. Ships ai Market. • so ld. Price. T2g. 6.1. to 435. 6d. 131 Sunderland 9l 3ai. (id. r, EV. Tlli LATE FATAL DUEL.. Yesterday Thcodore O'Catinglian,Thoinas Joseph Phelan, and 11 7 m. Nembott, were put to the War, accused of the "Wilful , 'louder of , Lieutenant Ed mund Bailey, by shooting the said Edmund Bailey with a pisrol,. or other deadly vveapon, in a duel on Monday last, the 12th instant. They severally pleaded Not Guilty. The body . of the Court and the Galleries were cr'o - oviled to excess, in 'conse quence of the great interest excited by the trial. At ten o'clock Mr. Justice PARK and Mr. Justice ,ABBOT•r took their seats on the Bench. Mr. Justice Paux.—Oentiemen - of the Jury, I understand there is no Cnonsel engaged li- the prosecution, and therefore it •.%vill be • ahsolutety necessary for me to read over she depositions, that I may be prepared to conduct the case. They have only this moment been put. into my hands, but I 'shall not delay you- long by reading them over. The following evidence was then adduced for the prosecution :--- ‘Vm. Adams, residing at Little Chalk Farm, in the parish of Hampstead, give evidence or the tame facts 'as before detailed in our Report of the Coroner's Inquest. Cross-viz:mined by Mr. NoLAN-- r At the time the patties surrendered, it was said by Bailey, and indeed several titres, that none of then' were to blame. .Bailey named the person who was to blame, but witness thought it might be prt n to conceal his name. By the Court----Your c3tition is proper, Sir, but what did lie say ? Witncss—Bailcy said the quarrel had origitiated wilt aputher person, whutu he named. Geo] ge Road, Surgeon at Hampstead, also gave evidence of the siitne pal ticulays tnentionet; before. Cross-examined by Mr. Bot!..ANn—They all sheered the deceased ev,ry . attention, and gk*ve every assistance to the Sorgeon. Thomas Hunt, the . Constable, was the next witness. Mr. Justice PARK--GentletTlet) of the inrv, I have called this witness, not becanie I tioink - one single fact can he elicited byhis examinati o n, hit bhause I apprehended the Learned Gimt Linen wlui act as Counsel fOr the Geiltlemen at the bar plight have wished to ask him some questions. No question , however were asked. George Neva, of the Tax 011iee in Somerset place, was next called.. tie cot roborated the evi dence of ~111 r. Adams, but stated nothing new. This closed the evident iii.s,ipprt of. the pro . secntiOn. • The prisoners being asked whether they had any thing to offer 'in their defence, Mr. Noel, the at torney, handed *a. paper to Mr, o:Callaghar, which the latter presented, and it was read by the officer of .the Court. The following is a copy of this-paper " _My Lord, and Gentlemen of the Jury,—l never, I assure-you, apprehended that I should appear its a Court of. Justice to answer for the commission of a crime, because I have never had any disposition to criminality. I have only to add the expression of my confidence in your jus tice aunt liberality.; and that yon will believe me, in this my solemn declaration, that no one alive, however closely connected. with the gallant man who is now no more, can.more deeply lament than I do the unfortunate calamity that has brought me to this Isar." The other two Gentlemen said nothing, bat lett their defence to their witnesses for character:, Lient.-Colonel Murray bad known Mr. O'Cal l.►ghan ever since 1813. lie was a roan or a re markably quiet temper s and my amiable, peace able manners. John O'Connel, Esquire, had long known Mr. O'Callaghan, and was at school vviib him; He was a very quiet man, and wimess never knew him disposed to quarrel with any one. Charles, Stewart Radford, subaltern in the arms', has known I%lr. O'Callaghan since June, 1815. He was much distinguished for humanity and mild manners. ..... Mr. Baldwin, bookseller, has known Mr. New bolt since the late Peace. lie was gentleman like in his manner, and by no means disposed to quarrel, bot every thing the contrary. cri ar ks G a ,lon, Esquire, has known the same Gentleman from his' birth, and gave him a most excellent charaeter fur bravery, mildness, and hu manity. Lieutenant Burn• confirmed the preceding wit ness, and added be was more disposed on every occasion to act as a mediator. titan a foini:ntor of quarrels. Clotain John AllAn, R.N. has known Mr. Newbolt, who served with him, and Wai always distinguished fur amiable manners and affectionate dispositions. Several inost respectable individuals also gave the sanie, excellent character to Mr. Phelan. . Air. Justice PARK, precisely 16 minutes to 12, commenced his charge to the Jury. He began by observing, that the three unfortunate Gentle men at the bar stood charged with the wilful mur (kr o f Edmund Bailey, by shooting him in a duel. The crime; as laid in the indictment, was, as they would perceive, that of minder ; and the Jiffy, he had no doubt, were well aware, that the felo niously killing or taking away the life of another prison, in order that the same should constitute murder, obviously supposed the person who had done so to have acted from malice either exPressed or implied. It might he expiessecfby words, gestures, and actions, or implied in the circumstances at .rending the trahsaction. The circumstances which accompanied thi, most unfortunate and lamentable . event now before the Court were, no doubt, fresh in the recollection of the Jury, and the numerous audience ; but he should feel himself indispeusi bly bound, 'nevertheless, to go over them, and the way they had been detailed in evidence, to pie .pare the minds of the Jury for alterwaids apply ing to them the observations he should feel it his ditty to tn:ike at the end of his recapitulation of the facts of the case. Ile had therefore nothing mote to say till Ile had d;scharged that part of his puhlic ditty.—[Here the Learned Judge at great length recapitulated the evidence].—He then ob served, that, as in every other case, it was indisput ably clear, that all who were present in a case of murder, either aiding or abetting;, were Ovid; L , • - s euil , y with the - perisson ;-.lto Canimitted the rtes in a duel, for exampli; where a person might be kill ed bY the fillips rtf h pi - siol i and when others (yeaer present who acted .ais seconds to the. combatants, ti,e law held all. of irl'ini equally guilt l y, though the trigger Of the fi . bitol 'was Only drawn by Oite. So tender and so caise'firl Was' he Law of England of the lives of the Kittg's sithjects, that all homi cide was supposed to originateio malice, except sainething- direCtly the contrary WaS 'prayed; or that such circumstances had taken place as' would 'hilly take away the sting of malice. The law had certainly very wisely, in many cases, provided different extennatious of the cringe, which crime Might properly he justified under peculiar .cirettin stance:4.: 'lt was, lira-evil, for , the '• jury to 'hay whether,, in the present unhappy and de plorable case, there were sufficient appearanasto take away from it the sting of malice." It 'was his public duty, however painful it - Might he to his own feelings, to state to them; as far as he knew from his various readings, what the law of the country was,. as regardCd duels. It was particti larly important he should do so , now, aS, from .the crowded state of the Court, he sincerely hoped the law on that subject might be promulgated. Happy for society, happy for' individuals, would it be, that those persons, who thus voluntarily exposed themselves to danger, would reflect but fora single moonlit, not -only on the awfir l jeo pardy in which they placed themselves, but on the painful dtities Wilk!h` they thereby tendered it necessary for others toexecine.' They would pro- .bably feel more advantage from -such a shalt but serious reflection than tongue could describe. 'ln cases of duel, there was usi 'necessity for 'ma lice, as in' ether cases of murder : for, if in them a deliberate intention was sliewn of doing bodily harm, under the pretence of vindicating . mittred hortuur:and if death should ensue, thelaW held that to he malice; and this' kind of malice came (Itterflv ti olsr f lie de-cription of malice ex pressed. Lord Hale, one at the greatest el intinal fatS'VetS of this country, and one of the best of men drat had .ever adorned society, hard laid 'this down to be the law, and indeed it was well kttown to most of those wholteard hint, that in a recent case, about- ten or eleveOvears ago, in the King's Bench, a. most learned - and - amiable Jiidge,' now no more, .had fully laid down the law in the very same way, thinking it was proper to do so, in that . Manner, for the benefit of i he poidie. , In his learned and valuable work, the Lord Chief Justice Hale held, that if A and B should fall out, and iii themo omit of passion tight a duel, that was nut minder, but merelYbonticide; but if they shauld'appoint a ' time to meet, and duriog the interval, thne was allowed ,for reflection and deliberation, then that ' %vies dearly murder. The very ,shine opinion was held !Ong before Lord Mile's . time; by Sir Ed‘"rd Coke, who was Chief Justice of England in the time of James I. Mr. Justice Foster ,also -laid ' down rhe same opinion as law, for lie considered duellin g to be mutler., , as it eras in such cases, founded on a principle , of deep"teYetige.' It Was proper the Jury should observe the striking words • of the Lord .Chief Justice Hale, and apply them carefully to this 'case. Tice Into der sty eanonittell, conSis.ed, as flew great and good titan justly ob served, in the deliberate act which was manifested by the time allowed to intervene •between the quarrel and the revenge 'Act) by the injured person. The same was the opinion o!, the late Mr. Juitice Blackstone, a name familiar to every one. It was only justice Sa.say, that when a mau &Jib:irately sought the blood of.another for a prisate quarrel, he was Completely guilty of murder, , but if the duel was suddenly fought, the-ea inse was reduced to natislaughter. . He hoped that in : these quota tions he had made himself intrAigihle to the Jury and the Court, and he would only again .repeat his esrnest .wish, that the law in this case were more generally knowa.• .With' regard tr► the unhappy gentlemen at the Bar, lie felt himself bound to say, im his soletim oath, that it the Jury were Sat isfi , ll the crime was the effect ot•deliberation, - ,ihe wholt; three were guilty of !nuttier. It would be an insult to the Counsel for the prisoners, and an equal insult to the g ood sense of the Court and Jura, to throw out a single doubt respecting the deceased having been kale() by Mr. O'Cidlaghan. To doubt that was morally impossible. If the Jury were satis fied the seconds. as they were called, were there, they were equally guilty -with 'Mr. O'Callaghan. From the evidence it was clear they were time to 'see that, in the language of these Gentlemen of bottom., fair play was used, 11rTtt they were not there for the purpOse of preventing it. lit the daily newspapers cases were often seen,' and seen with pain by every friend of humanity, of challenges be iog,sent 2 or 3 days before the duel Was fought. Such were casts of cool, wilful, deliberate moister, - but it was the province of the Jury to say whether such was the case here. Probably , the quarrel might have begun at a tavern, or a theatre, and the individuals liad gone - to the fatal Spot with their blood warm. That was also for the Jury to consider. A higher character than that given to Mr. O'Callaghan could not:be given to any man. It appeared be was the friend and companion' of , the deceased. Perhaps he had been insulted by the, deceased, and felt, as every man more or less did, that the stings of a friend are more severe and goading than those of an enemy. On this ground he might have felt the reproaches of his friend to he pia - Idly oppressive, and Might therefore, in the niono ot . of irrita tion,' have glue to the field without thinking what lie was - fining. The time Allowed to deli berate might not' have been granted, but the Jury bad to determine that. if, bit the' whole of the case, the Jury entertained hottest and Conscien tious doubts, they would, of course, give the pri soners the benefit of then), especially considering the very exCellent charactess they had . tetAved ; and be was sure, in no instanee ever before this :Court, haul a better character been given to any person Chian had been given' to the, whole three. They were rt:,:pectAile in 'their appe'arance,.aud they had called a most' rtspeciable host' of nit. IICSSCS to character. 'Ode observation more, awl be should conclude.' it Was to be deeply latneWell that men, kvho'had borne such admirable titanic tnrs for huntattit:t and gallantry in die' service of their King and Cotintry; should have an tat' for got, not only their duty to the country' but to themselves, a3' rational, intelligent, intrnortar , beings,*aS to - expate' nor only toeir own livi..4 to' 'danger, whichlives they lied reccked troak an ail- ifseidful Crea'tor, Is - tat also 'another iti dividtsal to-the awitill of rushing into the pret:ienceot AhniOsty God, in uAn . nguarded.iwa nnprepared fnoinent. '!'hat w S tri: which it ‘Oimliti be well for soc 4 per Sons io all ;joie coming to.attend ; yet it u lti, most latnOilit'ole , to the pt esent spirit of the tithes - for dudlitlg. Sucli'wete theObservatlons li bail "felt himself limind to Make, - and suois Was !he painful stature of tue case before the were now to decide- 7 tite , f were now. to de dare ‘visether the 'Gentlemen conci;rited . in thil most deplorable tratiaction were guilty - a M'iirder or Matblatighter. The Case was : of, the. deepest importaisce. It was_ f!oportaut to the public.- - important to Ore %vas ill the hands . of the .1./E:y; and he thic - ted. sincerel'i from his soul, that that Gpd who • searebed the hearts of the children of men, would lead [bent to A right verdict.' acquit the prisoners was impossible. The only verdict .was that'of guilt of Murder, or merely -or . Mauslaughter.—" God lead them to do right.'' The 'Learned Judge concluded this most- .in!7 presiitt siddr6s piteisely 'twenty-seve n • minutet after twelve, and the July then retired to caw', skier their Verdict - . - While they were out the prisoners 'sat ` down in' the bex, b oil appeare4 deeply involVed in . thought. lo 'l4 "min"utes alit Jury returned, finding them Guilty of .111u7P7 sktu,shiet. I)nring the trial Mr. O'Cdtla , :ban seemed pat tietliaHy :ind dc , T A•st regrct fait tttie m;tortuttate event ',ti, „ l i i rt Gcntiernel). On heal the ver,;tct they retiree after bowing: to the Cou e t POLICE IN't ELLIGENCE. LItiDER. - • MA R 13) ROUG Fl •STREET. Evans et! w.th tiac mnitter of !ifs %% fe, pia itrott'ght 1, 1/ for a second examination ye st et day. 'I tie a.fiice. anti :hezivenueslemling to it, were so crowie"' that it was necessary to heep the doors of. the Or five shut. . Mr. Allen, the Verry Clerk of St. Anne's! who' Conduct S the prps'ecntiuu, soggesied to ibe Magistrate that he should not have all opportunili of bringing ou the trial !luring the present yes; sions, he did not know whether rhe Grand Jul vtre up, or, if - not, whether the Judges wntal take it Ciis Sessions. Mr. BAKER thought that no time should be 10 in preferring a . Bill, and. to give the Judges theif discretion in letting the case stand over. he depositions taken at the,first examinatio? were read over, btit Mr. Allen declined tahill; that which appeared the strongest testimony (Ar 11! D4smontl's). The parish were actuated by uprighl ino;ives, and the only de ire was to bring tb case fairi,y, and without prejudice, [relate Des(nowl and . his wife were proved to hav e bad some words Writ the prisoner big cot/rink; home . , and after Desluond. hael gone v s bed she returned (Intl!) Jocked thY prsoner p.nd his wif , .! in the rofinr, when she abused al! .plisnner, and acculed_hi; wife of if,,I r t,ersly with her husband. Upon these gvoutrls the roseetui, rejected her te , ztinloov. The Horse lo!ltecary of St, Anne's prove` thar the skull. tas u'rt brolsen, ,b„ t the b1 ,0 " 1 " n,i t ht have Occasionel deutli, or thz infiattuna' ' 0)1) of the intestines. J oho Davis had no suspicion of any thing wron4 u hen the e4:flo was brought in , a %%'0!".9 ;it the . house excilimed , that she was certa o the pwouer load moirdered his Wife. fle " .9 1 mon' sitspirious when he sass' ' the un . d'ertaktr , a o ", his Irian take cill the deceased's cap. iketoPk bundle to his wife to wish on Monday inoy.oingl and the priloner gave her another (troi sit the things were to be washed) on Monday 1110 1 'P but witness would not let 'her have a band in it. D.oviS's Wife pioVed that, the articles cOntaiat" , in the first bundle were covered with blood ; She assisted in hiving the deceasigi out, and she much bruised From her bead to her knee : had the marks of a blow topion ti'e left tempi. Witness had never seen the deceased in liquor but twice, and she was not an - ailing person. 05 , e.v" 91- lected seeing two men and a woman quarrelling wit; ) the prisoner re'specting t .doo e south, y m oo 11% in k ;, and the malt bmt bold of priso n ec 6 rhe deceased was hOldibg a candle in the paSsage-. D ur i ng the sittiog of the Iroquest, news . chile Of Desurond having been brought to bed, anti conseqoently as either party might avail thenr selves of her testimony, the prisoner was remand.' (4, and his trial will stand over until the „uext Sessions. Yesterday the reniaitis 61 Elizabeth Evans, the woman who was nnir'llered by her. 'husband, t heir:lodgings, No. 3, Talconberg- . court, CroWn' street, - Soho, were consigned to the earth in' L ! respectful manner. • DIED. „. Lately, in Ireland, Mrs. Fog, widow of the late Mat beW Fox, Esq.—This L+dr, Who was Ingilly respected and sincerel/ regretted, died at Foxbrottlt, in the Cortuty of Meath, whereilt the Fox fatnily through many centuries, its au— cestors having enjoyed the favour and protection of Queer' . Elizabeth, anti tran , :mitted to tlitir deSccridantx their unit ((triply irreproaehalde character. ' Mrs. Fox.. was a reltitirtr of the celdwated Anthony 4Mal,in e , L or d Chi e f 13aron o f Irer hind, and afterward , : LorthSunth•rtio; Lately died, a% Sa ss trey, Lincolnshire, in his 13th year. Master Thomas Saunders, v , tingcst son of the Bev. Janie! Saunders. oii New Year's Day, 'being in a playful mood, 11 0 Now•I Warm, will go and get same icicles to cod myself with," A Watercart standing in the }'aid; he jumped on and laying of the cash, it unfortunately gavd way and fell upon his - right wrist, which, coming in contact With a ttessel that supported the cart shaftsi.tvas almost se vered from his air.;.—The cask then rolled 'on his body, and' litul.ed him so tan..ll, lust he : lingered - in -great pain until tinuday, when he e . xpired. A fee; days 'since,. in Lynn, at the ativenced age of Ashton Goodyer. klt was. !nag at. Vhaplode Drove; in- Lin colnshire. mist brought tip to husbandry employ; ha darin4 a few of his - latter he tesided ill Lynn, upon a small . annuity left him by a relit; ion, and used. generally to attenl tbs. Tuesday Market with a basket of cdnstis sod other sinalf On the - fith instant, sndilenly, Samuel Wathen, Esq. oi New-house,' near Stroud, 'one of the Magistrates for that County of Gloucvst er his• who had scent hint in the morning, full of health, at his return, home if I Cler , evening keheld hiin 64. Tome instantly a lifeless corp.,re . . . . LoNDoN: ITinted by J. P. C.-'411 , 47,k111.5; of NO, Rlt, GI eat 02'nmd-street; Qneen•square; • and pniilished be A: SCRIPPS, •of NO. 7, South :riolton- , ,treet,•••at TNE Stir (Mice, Nu. II?, Strand; where Adveltiseruen:l, 01,10# e Letters, &c.. (puit-paid) Inuit !o: adlelist:tl 1 4 ) a r ~: ~. r . 41i°